Do I have to sell my house if my wife leaves me?

If you and your ex own a home that is in both of your names, they cannot legally force you to sell the house. Your ex can try to force you out of the home, but they cannot legally. Until the divorce is finalised, you both have the right to remain in the home. Once you are officially divorced you may decide to sell.

Can you sell a house without your spouse?

In community property states such as California, a husband can never sell a home obtained during the marriage without his wife’s consent. However, if the husband obtained the home before the marriage, he may be able to sell it on his own, depending on whether his wife’s name is on the title.

Can you force spouse to sell house?

Forcing the sale You may be able to approach the court for interim orders to force the sale of the house. If granted, the orders would allow for the property to be sold, and would also instruct a timeframe within which it should be sold.

What to do if husband wants to sell marital home?

Some nine months later, Husband filed a motion for relief seeking an order requiring Wife to purchase his equity in the marital home, refinance the home or reduce its selling price, pay him post-judgment interest on the amount of his equity in the home, and pay his attorney’s fees related to the motion.

Can a spouse try to delay the sale of a home?

Frequently the spouses’ incentives to sell the marital home are misaligned. The spouse who wanted, but didn’t get, to keep the marital home may try to delay the sale to remain in the home as long as possible.

Do you have to sell your current home to buy a new one?

There are some rules that buyers, who will be selling their current home at the same time or shortly after they purchase their new home, as well as buyers who will be holding onto their current residence and converting it into an investment property, must follow in order to qualify for purchasing a new home.

When to return to court to sell family home?

If the house is not sold or under contract within [a] ninety (90) day period, the parties may agree to continue with said agent, may mutually agree on an alternative agent or if they are unable to agree, may return to this Court for further Order in connection with the sale of the family residence.